YOUR CHANCES WITH SOCIAL SECURITY DISABILITY: WHO WINS?

 You've heard that Social Security disability is a tough nut to crack and that the government has made it difficult to be approved.  That is true.  But just what are your odds, based on national trends and averages?

Keep in mind that for most claimants, Social Security disability is a multi-layered process:  the application stage, the Reconsideration stage and the Hearing stage.  I want to discuss the national trends at each stage:

1.  APPLICATION STAGE. Approval Rate:  About 35 percent. You file a detailed application for benefits, which may have 60 or more pages.  You wait 6 to 8 months for a decision, likely to be a denial.  The most common reason for denial?  "You are not disabled according to our rules....You have some restrictions which prevent you from doing past work; however, there are other types of work in the national economy which you can perform."  

 2.  FIRST APPEAL - THE "RECONSIDERATION" STAGE.  Approval Rate:  About 10 percent.  This is your first appeal.  You disagree with the decision and ask the state agency to "Reconsider" your case.  You may submit new, updated evidence if you have any.  You wait about 4 to 6 months and get a new decision. 

 3. SECOND APPEAL- HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE.

Approval Rate:  It varies but the national average is around 45 percent.  Here you appear (with your attorney) before a judge who will reconsider all the evidence, listen to your testimony, and hear your attorney's arguments.  A vocational expert will brought in by the Government to testify about how the claimant's impairments impact the ability to perform certain jobs.  A medical expert (doctor) may sometimes be called by the Government to testify about the claimant's medical record.  

 It's easy to see that your best chance to get approved is usually at the hearing.  Not everyone follows the appeal process all the way through.  Those who don't are the claimants who never get approved.  Most successful claimants will stay with the system and go all the way to that 3rd stage (the hearing).

Of course each case is different. Your case may not be typical or "average." Your personal chance of being approved is a bit more difficult to estimate--and it's based on many factors, including:

• Your Age
• Your Work History
• Your Education
• Your Medical Impairments and medical record
• Which judge presides over your hearing (Their pay rates differ). 

The motto we live by in Social Security disability is:

"Don't Stop Short of Court."

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The Forsythe Firm     *  7027 Old Madison Pike NW     *  Huntsville, AL 35806

(256) 799-0297